Part IV Appeals
Leave to enter
I1C159 Leave to enter the United Kingdom.
1
A person who is refused leave to enter the United Kingdom under any provision of the 1971 Act may appeal to an adjudicator against—
a
the decision that he requires leave; or
b
the refusal.
2
A person who, on an application duly made, is refused a certificate of entitlement or an entry clearance may appeal to an adjudicator against the refusal.
3
Subsection (4) applies if a person appeals under this section on being refused leave to enter the United Kingdom and—
a
before he appeals, directions have been given for his removal from the United Kingdom; or
b
before or after he appeals, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal as a result of the refusal will be for his removal to a country or one of several countries specified in the notice.
4
The appellant may—
a
object to the country to which he would be removed in accordance with the directions, or
b
object to the country specified in the notice (or to one or more of those specified),
and claim that he ought to be removed (if at all) to a different country specified by him.
I260 Limitations on rights of appeal under section 59.
1
Section 59 does not entitle a person to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom if he does not hold—
a
a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
b
a certificate of entitlement.
2
Section 59 does not entitle a person to appeal, on the ground that he does not require leave to enter the United Kingdom, against a decision that he does require such leave if he is required by immigration rules or an order under section 8(2) of the 1971 Act to hold a specified document but does not do so.
3
Section 59 does not entitle a person to appeal against a refusal of leave to enter while he is in the United Kingdom unless, at the time of the refusal, he held a current entry clearance or was a person named in a current work permit.
4
Subsection (5) applies to a person who seeks to enter the United Kingdom—
a
as a visitor;
b
in order to follow a course of study of not more than six months’ duration for which he has been accepted;
c
with the intention of studying but without having been accepted for any course of study; or
d
as a dependant of a person within paragraph (a), (b) or (c).
5
That person—
a
is not entitled to appeal under section 59 against a refusal of an entry clearance unless he is a family visitor; and
b
is not entitled to appeal against a refusal of leave to enter if he does not hold a current entry clearance at the time of the refusal.
6
The Secretary of State may by regulations make provision—
a
requiring a family visitor appealing under section 59 to pay such fee as may be fixed by the regulations;
b
for such an appeal not to be entertained unless the required fee has been paid by the appellant;
c
for the repayment of any such fee if the appeal is successful.
7
Section 59 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the refusal is on the ground that he or any person whose dependant he is—
a
does not hold a relevant document required by the immigration rules;
b
does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
c
seeks entry for a period exceeding that permitted by the immigration rules.
8
The following are relevant documents—
a
entry clearances;
b
passports or other identity documents; and
c
work permits.
9
Section 59 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if—
a
the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good; or
b
the leave to enter, or entry clearance, was refused in compliance with any such directions.
10
“Family visitor” has such meaning as may be prescribed.